Burden Of Proof In Will Contests

29 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• In re the Est. of Blanche N. Peters v. Fla. Nat'l Bank of Jacksonville
  155 Fla. 453· Fla.· 1945-01-16 ·cited 53×
  This case involves the probate of Blanche N. Peters' will, which left the bulk of her estate to Dr. J. A. Strickland. The collateral heirs of her deceased husband Charles F. Peters contested the will on grounds of lack of capacity, fraud, and undue influence. The Florida Supreme
• Watts v. Newport
  149 Fla. 181· Fla.· 1941-12-19 ·cited 47×
  The Florida Supreme Court reversed a lower court's decision that had overturned a probate court's denial of a will. The court found that the probate judge's findings, based on substantial evidence of fraud, undue influence, and lack of testamentary capacity, should have been affi
• In re the Est. of Mary Ellen Gottschalk v. Adeline K. Gottschalk
  143 Fla. 371· Fla.· 1940-06-14 ·cited 33×
  This case involves the probate of a will challenged on grounds of undue influence and lack of testamentary capacity. The appellate court affirmed the lower court's reversal of the probate, emphasizing that procedural rules should not obstruct justice and that a beneficiary with s
• In re Est. of Kinney Kellum Knight. Dexter Lowell Knight v. Knight
  108 So. 2d 629· Fla. 1st DCA· 1959-01-29 ·cited 29×
  In this will contest appeal, the Florida District Court of Appeal reversed a summary judgment sustaining a will to the extent it affected the brother's interests, finding that the brother's substantial involvement in preparing and executing the will, combined with his confidentia
• Marston v. Churchill
  137 Fla. 154· Fla.· 1939-04-04 ·cited 29×
  The Florida Supreme Court affirmed a lower court's decision upholding a will. The court found that the testatrix was of sound mind and not subject to undue influence when she executed the will, favoring a caregiver over distant relatives.
• Neal v. Harrington
  159 Fla. 381· Fla.· 1947-07-25 ·cited 23×
  The Court held that while it had jurisdiction over the appeal from the California Supreme Court's judgment in a prohibition proceeding, compelling reasons existed not to exercise that jurisdiction due to the unclear presentation of constitutional issues.
• In re Est. of Ruth W. Parker
  382 So. 2d 652· Fla.· 1980-03-06 ·cited 15×
  A 'correct copy' of a lost or destroyed will, as required by statute for probate based on one witness's testimony, must be an identical copy, not merely a substantial reproduction.
• In re Est. of Frank J. Krugle v. Bobier
  134 So. 2d 860· Fla. 2d DCA· 1961-11-22 ·cited 15×
  The Florida District Court of Appeal reversed a probate judge's decision revoking admission of a will based on alleged forgery, holding that unimpeached eyewitness testimony to the will's execution cannot be overcome by expert handwriting testimony alone without corroborating cir
• In re Est. of Winnie Smith
  212 So. 2d 74· Fla. 4th DCA· 1968-06-26 ·cited 14×
  In this will contest case, the appellant challenged the probate of a later will executed by Winnie Smith, alleging undue influence by the principal beneficiaries, George David Smith and his wife Elizabeth. The Florida appellate court affirmed the lower court's denial of revocatio
• In re Est. of Coketine Bray Carpenter
  239 So. 2d 506· Fla. 4th DCA· 1970-09-25 ·cited 13×
  When a presumption of undue influence arises from a beneficiary's confidential relationship and active procurement of a will, credible evidence contradicting the presumed fact of undue influence dissipates the presumption, and the matter must be determined on the evidence alone;
• Chapman v. Campbell
  119 So. 2d 61· Fla. 2d DCA· 1960-03-25 ·cited 12×
  In a probate will contest, the Florida District Court of Appeal affirmed the trial court's admission of a 1957 will to probate, holding that even though the testator had been adjudicated incompetent in 1951, evidence showed the will was executed during a lucid interval, and the b
• Johnson v. Blanche Johnson
  158 Fla. 315· Fla.· 1946-11-05 ·cited 10×
  Proponents of a will must establish both execution and attestation as statutory requirements for valid probate, and failure to prove attestation requires reversal even if execution is shown.
• In re Est. of Agnes v. Robertson
  372 So. 2d 1138· Fla. 3d DCA· 1979-06-19 ·cited 8×
  Two grandsons challenged the probate of their grandmother's will, which left her estate to their sister rather than them. They alleged undue influence, but the trial court found no presumption of undue influence arose because although a confidential relationship existed, the gran
• Willo v. Newman
  77 Fla. 667· Fla.· 1919-05-14 ·cited 8×
  This case addresses whether L.W. Smith's 1913 will leaving all property to his wife Margaret was the product of testamentary incapacity and undue influence, when his only daughter Willo V. Newman contested its probate. The Florida Supreme Court reversed the circuit court and uphe
• In re The Est. of Hugh N. Richmond
  298 So. 2d 549· Fla. 2d DCA· 1974-08-09 ·cited 6×
  In a will contest appeal, the court held that a single attesting witness's testimony is sufficient to establish prima facie compliance with will execution requirements, and that the burden then shifts to contestants to prove grounds for revocation. The court affirmed the lower co
• In re Est. OF Walter William Flohl v. Flohl
  764 So. 2d 802· Fla. 2d DCA· 2000-07-21 ·cited 5×
  Virginia Greenwood was appointed personal representative of Walter Flohl's estate after his will naming her as primary beneficiary was admitted to probate. Flohl's son challenged the will alleging undue influence by Greenwood. The trial court granted the son's petition to remove
• Tendler v. Johnson
  332 So. 3d 521· Fla. 4th DCA· 2021-12-22 ·cited 3×
  A challenge to the effectiveness of a testator's exercise of a limited power of appointment over trust assets is not a challenge to the validity of the will within the meaning of section 733.212(3), Florida Statutes, and therefore is not subject to the three-month statute of limi
• Simmons v. Pinney
  375 F.2d 929· D.C. Cir.· 1967-03-24 ·cited 2×
  The court held that the trial court did not abuse its discretion in submitting the issue of undue influence to the jury and abiding by its verdict.
• In re Est. of Thomas Ryland Nuckols
  147 So. 2d 340· Fla. 1st DCA· 1962-12-18 ·cited 2×
  The court held that the probate judge erred by indulging in an erroneous presumption of testacy, which may have improperly influenced the decision on the will's validity.
• In re Langille's Will
  8 Fla. Supp. 7· Pinellas Cty. J. Ct.· 1954-12-09 ·cited 2×
  In this will contest, the court invalidated Dan Langille's 1948 will on grounds of testamentary incapacity, finding that forty years of domination and influence by his second wife, Gertrude, had so warped his mind that he could not form a rational plan for disposition of his esta
• Mann v. Cornish
  185 F.2d 423· D.C. Cir.· 1950-06-12 ·cited 2×
  The court held that the trial court properly directed a verdict sustaining the will, as the appellants failed to present sufficient evidence of fraud or undue influence.
• In re Baier's Will
  12 Fla. Supp. 158· Palm Beach Cty. J. Ct.· 1958-08-20 ·cited 1×
  The court denied probate of Helen Louise Baier's will, finding that the testator revoked it by cancellation. The case hinged on whether markings on the will (the word "cancelled" written in pencil across a dispositive provision) constituted a valid revocation by the testator, res
• In re the Est. of Albert J. Vietri, SR. v. Vietri
  Del. Ch.· 2022-05-20
  The Court of Chancery recommended denying the caveat against the allowance of the 2020 will and the caveators' demand for an accounting and surcharge. The court found that the caveators failed to prove the decedent lacked testamentary capacity or that the will was a product of un
• In re Amendments to the Fla. Probate Rules - 2019 Regular-Cycle Report
  Fla.· 2019-11-14
  The Florida Supreme Court adopted proposed amendments to the Florida Probate Rules in the 2019 regular-cycle report, with three modifications. The Court revised certain provisions relating to notice, settlement of minors' claims, and objection procedures to ensure compliance with
• Sloan
  Del.· 2010-05-10
  The appellate court affirmed the lower court's decision validating the codicil, finding no merit in the appellants' arguments. The court held that the lower court's factual findings were not clearly erroneous, that the "clean hands" doctrine was not applicable, and that the propo
• Est. of Emma Geer Davis Kennedy Ganier v. Est. of Frederic F. Ganier
  402 So. 2d 418· Fla. 5th DCA· 1981-05-27
  The Florida District Court of Appeal reversed a lower court judgment that declared Frederic Ganier a 'pretermitted spouse' entitled to half of Emma Kennedy Ganier's estate. The court held that Frederic was provided for in Emma's will through specific bequests of bank accounts, an
• In re Est. of Mary Richey RAPÉ
  243 So. 2d 599· Fla. 4th DCA· 1971-02-10
  This case involved a will contest challenging the validity of Mary Rapé's will on grounds of undue influence by the principal beneficiary, a lawyer who had an illicit affair with the testatrix. The probate court sustained the will's validity, and the appellate court affirmed, fin
• In re Est. of Ella J. Tobias v. Nevie C. Frazier
  192 So. 2d 83· Fla. 2d DCA· 1966-11-04
  The Florida Heart Association appeals a lower court decision invalidating the will of Ella J. Tobias. The appellate court reversed the lower court's order denying probate, finding that the testator's provisions—though favoring charity over her daughter—were legally valid and free
• Alexander v. Est. of Margaret Callahan
  132 So. 2d 42· Fla. 3d DCA· 1961-07-20
  The appellant sought to revoke a will executed by the testatrix on December 12, 1958, on grounds of lack of mental capacity, but the trial court found insufficient evidence to overcome the presumption of sanity and denied the petition. The appellate court affirmed, holding that a